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(영문) 서울고등법원 2018.05.03 2017나2066658
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The plaintiff's assertion in the court of first instance is not different from the argument in the court of first instance, and the fact-finding and decision in the court of first instance are justifiable even if all the evidence submitted in the court of first instance and additional evidence submitted in this court are deemed to be combined.

Therefore, the court's explanation on the instant case is as follows, in addition to adding some of the reasons of the judgment of the first instance, and it is identical to the reasons of the judgment of the first instance.

In addition, "each entry of evidence Nos. 5, 6, 7, 10, 11 of A" in Part 3 of Part 4 of the first instance judgment shall be changed to "each entry of evidence Nos. 5, 6, 7, 10, 11, 19 through 24 of A".

O The following shall be added to "the fact that it has been recognized as a fraudulent act" in the third paragraph 9 of the first instance judgment.

“The fact that cash of KRW 345,100,000 has been withdrawn from the bank account of the Company E from May 201 to August 25, 2011, the Plaintiff’s claim of this case should be dismissed on the grounds that the Plaintiff’s claim of this case was justifiable, since the judgment of the first instance is justifiable and that the amount of KRW 25,00,000 deposited by the J and the KRW 12,00,000 deposited by the NA was deposited on April 4, 201, and was transferred to the bank account in the name of K on April 20, 201, and KRW 15,00,000 deposited by B to the bank account in the name of K.

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